The Establishment And Criminal Responsibility Of The Aggravated Offense In A Joint Crime

The problem of aggravated offense in a joint crime refers to the aggravated result caused by a certain actor in a joint crime,and whether other actors who did not directly cause the aggravated result hear responsibility for the aggravated xesult.There are two types of aggravated offenses in joint crimes,one is the "intentional +intentional" type,and the other is the "intentional + negligent" type.And it is different from the offense of omission constituted by the implementation of over-limit and prior acts.The establishment of an aggravated offense in a joint crime is closely related to the nature of the accomplice and the structure of the aggravated offense.The common theory of constitutive element behavior can explain the essential problem of accomplices,and the new approach combining morphological theory and risk theory can correctly explain the structure of consequential aggravated offenses.According to this,the aggravated result is the constitutive element of the aggravated offense.Judging the establishment of the aggravated offense in a joint crime from the standpoint of the common doctrine of constitutive factors should be based on the"aggravated result central theory".There are many shortcomings in the traditional analysis path of negligent accomplice and sole principal offender.Based on the judgment criterion of "aggravated result centralism",the theory of individualization imputation is more scientific and reasonable.For the statutory mitigation aggravated offense,as long as the basic offender’s participation in the act meets the requirements of a negligent principal offender,the resulting aggravated offense can be determined.The conditions for the establishment of aggravated offenses with severe statutory penalties are:first,the participating behavior can dictate the direct execution of the behavior;second,the participating behavior has overlapping causal power for the aggravated result.